This Web Site has been developed as a service of Glaser Food Solutions Americas, Inc. By accessing and using the web site located at Austria (the “Web Site”), you agree to be bound by the Terms and Conditions (hereinafter, the “Terms” or “Agreement”) in effect at the time of each such access or other use. You also acknowledge that GLASER may, from time to time, in its sole discretion and without notification to you, change these Terms. You should review the Terms each time you visit or use the Web Site. If you do not agree to these Terms, do not use the Web Site. As used in these Terms, “we” includes GLASER, its parents, subsidiaries, affiliates, and any third-party vendors we hire to assist in the administration of the Web Site, the collection, cataloging and/or analysis of data, and/or the processing or handling of any visitor transactions.
Your use of this Web Site and any personal information or other information concerning you, together with any User Generated Content (as defined below), shared by you or otherwise collected by us through, or in connection with, this Web Site shall be subject to these Terms and our Privacy Policy. Please be aware that in no event shall your disclosure, or our use, of any User Generated Content be governed by our Privacy Policy and shall be subject to these Terms in all instances. We encourage you to carefully read both these Terms and our Privacy Policy prior to using this Web Site or disclosing any information to us or through this Web Site.
If you are accessing or using the Web Site on behalf of a business or entity, then (a) “you” and “your” includes you and that business or entity, (b) you represent and warrant that you are an authorized representative of the business or entity with the authority to bind the entity to these Terms, and that you agree to these Terms on the entity’s behalf, and (c) your business or entity is legally and financially responsible for your access or use of the Web Site as well as for the access or use of your account by others affiliated with your entity, including any employees, agents or contractors.
No person under the age of eighteen (18) is authorized to access or use this Web Site. User access to, and use of, the Web Site is subject to all applicable federal, state and local laws and regulations. Use of this Web Site is void where prohibited. By using this Web Site, you represent and warrant that you are eighteen (18) years of age and that you have the right, authority, and capacity to enter into this Agreement and abide by the Terms.
GLASER grants you a limited, non-transferable license to access and use for non-commercial purposes the Web Site. Such limited license shall enable you to use the Web Site for informational purposes. This license shall not include any resale or commercial use of the Web Site or its contents; any derivative use of the Web Site or its contents; or any use of data mining, robots, or similar data gathering and extraction tools. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including GLASER’s, text, page layout, or form) of GLASER or our affiliates without our prior express written consent.
GLASER accepts no liability for the accuracy or completeness or use of, nor any obligation to update, the information contained on this Web Site. We make no guarantees regarding the availability of the Web Site. Furthermore, we reserve the right, within our sole discretion, to discontinue the Web Site. You agree that we will not be liable to you for any such discontinuance or modification of the Web Site. Any rights not expressly granted by these Terms are reserved by us.
You are under no obligation to use or continue to use the Web Site and may temporarily or permanently cease using the Web Site without notice to GLASER. Any use of the Web Site, or any portion thereof, in violation of the foregoing shall constitute a violation of these Terms and may result in, among other things, termination or suspension of your rights to use the Web Site or any portion thereof.
Before using certain areas of the Web Site you may be asked to indicate your acceptance of additional special terms and conditions by clicking a button marked “I Accept,” “I Agree,” “Okay,” “I Consent” or other words or actions that similarly acknowledge your consent or acceptance of a Click-Through Agreement. To the extent there is a conflict between these Terms and any Click-Through Agreement, the Click-Through Agreement will govern.
In order to access or use certain portions of the Web Site, you may be required to register and create an account (“Account”) with GLASER. Information gathered through the registration process and any other information related to your Account will be subject to these Terms as well as to our Privacy Policy. You represent and warrant that you are at least 18 years old and that all information provided by you when creating your Account is true, accurate and complete and that you will maintain, at all times, true, accurate and complete information related to your Account. Information related to your Account should be maintained by you in a confidential manner, as you are solely responsible for the usage of your Account by any third parties with respect to the Web Site. It is your responsibility to advise us if you are aware of any unauthorized access to your Account or if your Account information has been made available by you to third-parties in a manner that may result in unauthorized usage of the Account. In our sole and absolute discretion, we may terminate your Account for any reason (including for reasons related to unlawful or unauthorized usage) and we are under no obligation to retain a record of your Account or any data or information that you may have stored by means of the Account.
All content within the Web Site and any materials made available on these pages for downloading, if any, are the property of GLASER and/or its affiliates or other third parties. The Web Site and portions of the Web Site are protected by copyright and trademark laws. This Agreement does not grant any license to modify or alter the materials on the Web Site that are viewed, downloaded, or otherwise accessed by you. You shall keep intact all proprietary notices, including copyright notices, contained on any downloadable materials. You shall be solely liable for any damages resulting from any infringement of copyright, trademark, or other proprietary right, or any and all harm resulting from your use of the Web Site.
To the extent applicable, when accessing the Web Site, you are required to use the security procedures currently or hereafter maintained by us to confirm that only authorized users have access to certain information provided at, or contained in, the Web Site. You are prohibited from utilizing alter-egos or other disguised identities when accessing the Web Site. All forms of indirect and ‘spoofed’ access are strictly prohibited.
Do not submit, post or otherwise transmit via the Web Site information that is proprietary or confidential of third parties (whether by law or by contract) or that you otherwise do not have the legal right to use. Any information, content, or other material, including, but not limited to, any feedback, data, answers, questions, comments, suggestions, plans, ideas, user reviews or the like, which you send to us will be treated as being non-confidential and non-proprietary. We assume no obligation to protect confidential or proprietary information (other than those outlined in our Privacy Policy) from disclosure.
Any and all intellectual property rights associated with the Web Site (other than User Generated Content), including, without limitation, design, texts, graphics, pictures, video, information, applications, software, music, south, and other files contained therein or related thereto, and the arrangement thereof, any inventive concepts, know-how, publicity rights, trademarks, trade-dress, trade secrets, copyrights and patents (“Intellectual Property”) are the sole property of GLASER or third parties. Except as otherwise expressly authorized by these Terms, you may not copy, reproduce, modify, lease, loan, sell, create derivative works from, upload, transmit, or distribute the Intellectual Property of the Web Site in any way without the express written consent of GLASER or the express written consent of the appropriate third party, as applicable. Except as provided herein, GLASER does not grant to you any express or implied rights to GLASER or any third party’s Intellectual Property.
As between you and GLASER, you may possess certain copyright intellectual property rights you have under law in content that you may submit, display and/or post via the Web Site. This content, which includes, but is not limited to your comments, reviews, analysis, proposals and feedback, submitted in any form or medium, whether by emails, posting or otherwise, is considered “User Generated Content.” Your use of the Web Site and your submission and/or posting of User Generated Content grants GLASER, and its affiliates, an express, perpetual, irrevocable, royalty-free, worldwide, and non-exclusive license to access, store, reproduce, adapt, modify, format, delete, translate, transmit, use, disclose, sublicense, manipulate, prepare derivative works, publish, publicly perform, publicly display, distribute and communicate any and all User Generated Content, without any obligation, notification or compensation to you. This license is granted to GLASER with respect to the use of such User Generated Content in connection with the Web Site and any subsequent version or modification thereof, and is subject to limitation only by your removal or GLASER removal of such User Generated Content from the Web Site.
You agree and acknowledge that the forgoing license grants to GLASER and its affiliates the full right and authority to use User Generated Contents for any purpose related to the Web Site, including the marketing, sale, syndication, and development of the Web Site and any successors thereto. This license includes an unrestricted right and authority for GLASER to make the User Generated Content available to sublicense to other companies, organizations, or individuals with whom we have a relationship.
You agree and acknowledge that GLASER and its affiliates may modify, adapt, reformat, and otherwise alter or make use of your User Generated Content in such manner as may be required to conform User Generated Content to standards, protocols, formats and requirements related to the Web Site and any medium by which they are accessible currently or prospectively. You agree and acknowledge that GLASER and its affiliates are licensed to transmit or distribute the User Generated Content in all formats and mediums over various networks.
Your use of the Web Site and your submission and/or posting of User Generated Content confirms your representation and warranty that you possess all necessary legal rights, power and authority to grant to GLASER the forgoing license granted to GLASER and its affiliates and you further represent, warrant and agree that none of the User Generated Content will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain false, intentionally misleading, libelous, defamatory or otherwise unlawful statements.
GLASER is under no obligation to review any User Generated Content submitted, posted, or otherwise displayed on the Site and assumes no responsibility or liability relating to any such User Generated Content. You may not imply that any User Generated Content is any way sponsored or endorsed by GLASER. GLASER reserves the right, but not the obligation, to refuse to post or remove any User Generated Content at our sole and absolute discretion.
Any personal information or other information about you collected by GLASER through, or in connection with, this Web Site is subject to our Privacy Policy. The GLASER Privacy Policy is incorporated into the terms of this Agreement by this reference. As indicated in these Terms, this Web Site is designed for adults of legal age (18 years and over). For questions about our online privacy policy for children please refer to the Privacy Policy.
This Web Site may provide or include links to other world wide web sites or resources. While GLASER attempts to provide links only to third-party Web Sites that comply with all applicable laws and regulations and GLASER’s standards, please understand that the content on these third-party Web Sites is subject to change without notice to GLASER. Because we have no control over such sites and resources, you acknowledge and agree that GLASER is not responsible for the availability of such external sites, or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. YOU FURTHER ACKNOWLEDGE AND AGREE THAT GLASER SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH USE OF OR RELIANCE ON ANY SUCH CONTENT, GOODS, OR SITES AVAILABLE ON OR THROUGH ANY SUCH SITE OR RESOURCE.
GLASER prohibits caching of any portion of the Web Site and any unauthorized hypertext links to the Web Site. We reserve the right to disable any unauthorized links or frames. If you desire to provide a hyperlink from your Web Site to the Web Site, you must contact GLASER to discuss mutually agreeable terms for such hyperlink.
Any use of the Web Site or reliance upon any of the information contained therein, and any use of the Internet generally shall be at your sole risk. GLASER disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information accessible by use of the Web Site.
GLASER MAKES NO WARRANTY OF ANY KIND REGARDING THE WEB SITE AND/OR ANY MATERIALS PROVIDED ON THE WEB SITE, ALL OF WHICH ARE PROVIDED ON AN “AS IS” “AS AVAILABLE” BASIS. GLASER DOES NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF ANY OF THE CONTENT OR DATA FOUND ON THE WEB SITE AND EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. GLASER DOES NOT WARRANT THAT THE WEB SITE, ITS SERVERS OR ANY E-MAIL SENT FROM IT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
NEITHER GLASER, NOR ITS AFFILIATES, MAKES ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES REGARDING (1) THE OPERATION OR PERFORMANCE OF THE WEB SITE, (2) ANY INFORMATION, GOODS, OR SERVICES, OBTAINED THROUGH, ADVERTISED OR RECEIVED THROUGH THE WEB SITE OR ANY LINKS PROVIDED BY OR THROUGH THE WEB SITE; (3) THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY AND PERFORMANCE OF THE WEB SITE; OR (4) THE INTERNET GENERALLY.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION AND THAT MAY NOT BE LIMITED BY THESE TERM, PROVIDED HOWEVER YOU AGREE AND ACKNOWLEDGE THAT TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAW, YOU WAIVE ANY SUCH STATUTORY RIGHTS WITH RESPECT TO IMPLIED WARRANTIES.
LIMITATION OF LIABILITY
GLASER ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE WEB SITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM THE WEB SITE. IN NO EVENT SHALL GLASER BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGES, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO LOST PROFITS OR LOST SAVINGS), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH ANY USE OF THE WEB SITE OR CONTENT FOUND THEREIN.
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. Copyright Law. If you believe in good faith that materials or content available on the Web Site infringe your copyright, you (or your agent) should send us a notice requesting that we remove such materials or content, or block access to it. If you believe in good faith that someone has wrongly submitted a notice to us under this paragraph, then you should send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov/ for details.
If you believe that your work has been improperly copied and posted on the Web Site, then please provide us with the following information: (1) name, address, telephone number, email address, and an electronic or physical signature of the copyright owner or of the person authorized to act on his or her behalf; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of where the material that you claim is infringing is located within the Web Site; (4) a written statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (5) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. These requirements must be followed to give us legally sufficient notice of infringement.
Notices and counter-notices should be sent to:
GLASER FOOD
SOLUTIONS AMERICAS, INC.
110 East 25th Street
New York, NY 10010
DMCA details are available at http://www.copyright.gov/onlinesp/
We suggest that you consult your legal advisor before filing a notice or counter-notice. Please be aware that there may be penalties for false claims under the DMCA.
When you visit the Web Site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Web Site. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You further agree that any notices provided by us electronically are deemed to be given and received on the date we transmit any such electronic communication as described in these Terms.
Although this Web Site is accessible worldwide, not all information, products or services discussed or referenced herein are available to all persons or in all geographic locations. This Web Site is controlled and operated by GLASER from its offices within the State of New York. GLASER makes no representation that materials on the Web Site are appropriate or available for use in other locations. Those who choose to access this Web Site from other locations do so on their own initiative and are responsible for compliance with local laws.
These Terms shall be governed by and construed in accordance with the laws of the State of New York, United States of America, excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms shall be filed only in the state or federal courts located in the State of New York, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purposes of litigating such claim or action.
By using this Web Site, you agree to indemnify GLASER and its parents, subsidiaries, affiliates, and their respective officers, directors, managers, and employees and hold them harmless from any and all claims and expenses, including attorneys’ fees, arising from your use of the Web Site or any breach of this Agreement. By using the Web Site, you are hereby agreeing to release GLASER and its parents, subsidiaries, affiliates, and their respective officers, directors, managers and employees from any and all claims, demands, debts, obligations, damages (actual or consequential), costs and expenses of any kind or nature whatsoever, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, that you may have against them arising out of or in any way related to your use of the Web Site.
Unless otherwise specified herein, this Agreement constitutes the entire agreement between you and GLASER with respect to this Web Site and supersedes all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and GLASER with respect to this Web Site. If any part of these Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties and the remaining portion shall remain in full force and effect.
We may periodically modify and supplement these Terms and the notice provided to you will be the updating of these Terms. You are responsible for regularly checking these Terms for revisions. All amended Terms become effective upon our posting to the Web Site, and any use of the Web Site after such revisions have been posted signifies your consent and agreement to the modified Terms.